UNION OF INDIA Vs. UMA NATH RAI

JUDGEMENT

(1.) By this writ petition, petitioners seek to challenge the order dated 15-03-2019 passed by the Central Administrative Tribunal, Guwahati Bench (in short Tribunal) in OA. No. 043/00295/2018. By the said order, the Division Bench of the Central Administrative Tribunal set aside the order dated 31-01-2013 passed by the petitioner No. 3 and further directed him to consider the respondent’s case for regularization of services in the light of the ratio laid down in the case of Secretary, State of Karnataka and Others v. Umadevi and Others (2006) 4 SCC 1 para 53.

(2.) Brief facts given by the present petitioner is as follows:

(3.) The respondent thereafter approached the Tribunal by filing OA. No. 174/2011 praying for quashing and setting aside speaking order dated 31-05-2004 and further seeking regularization of his services with the petitioners in terms of judgment and order dated 07-01-2009 passed by the Gauhati High Court in WP(C). No. 6517/2005. The Hon'ble Tribunal disposed of this application by passing order dated 14-09-2011, thereby directing the respondent to file representation before the petitioner authority by providing necessary details and the petitioners were directed to consider the said representation on the said decision of the Gauhati High Court referred hereinabove.